Terms and conditions
This contract is a legal agreement between the user of this Site and The Montreal Canadiens Children’s Foundation regarding the website www.fondation.canadiens.com (Site).
PLEASE READ CAREFULLY BEFORE ANY NAVIGATION
By surfing the Site, you agree to be bound by the terms and conditions of this contract, and this, as long as you are on the Site or bound by the Site after making a purchase.
You acknowledge and agree that all of the content and features available on this Site – especially, but not limited to, text, programs and software, databases, photos, movies, sounds, music, presentation and logos – are protected by copyrights, rights protection database, trademarks, service marks, patents, trade secrets or other rights and property laws. The content and materials available are either exclusively owned and controlled by The Montreal Canadiens Children’s Foundation or used under license. These conditions apply to all content and all elements available on the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to The Montreal Canadiens Children’s Foundation that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
USE OF THIS SITE
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Montreal Canadiens Children’s Foundation has no obligation to monitor the Communication Services. However, The Montreal Canadiens Children’s Foundation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Montreal Canadiens Children’s Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Montreal Canadiens Children’s Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Montreal Canadiens Children’s Foundation’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Montreal Canadiens Children’s Foundation does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Montreal Canadiens Children’s Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Montreal Canadiens Children’s Foundation spokespersons, and their views do not necessarily reflect those of The Montreal Canadiens Children’s Foundation.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED OR POSTED AT ANY THE MONTREAL CANADIENS CHILDREN’S FOUNDATION WEB SITE
The Montreal Canadiens Children’s Foundation does not claim ownership of the materials you provide to The Montreal Canadiens Children’s Foundation (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Montreal Canadiens Children’s Foundation, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Montreal Canadiens Children’s Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Montreal Canadiens Children’s Foundation‘ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Montreal Canadiens Children’s Foundation and/or its suppliers may make improvements and/or changes in the site at any time. Advice received via the site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
The Montreal Canadiens Children’s Foundation and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the stie for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Montreal Canadiens Children’s Foundation and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Montreal Canadiens Children’s Foundation and The Montreal Canadiens Children’s Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Montreal Canadiens Children’s Foundation is not responsible for webcasting or any other form of transmission received from any Linked Site. The Montreal Canadiens Children’s Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Montreal Canadiens Children’s Foundation of the Linked Site or any association with its operators.
The Montreal Canadiens Children’s Foundation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Quebec and you hereby consent to the exclusive jurisdiction and venue of courts in Longueuil, Quebec, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Montreal Canadiens Children’s Foundation as a result of this agreement or use of the Site. The Montreal Canadiens Children’s Foundation’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Montreal Canadiens Children’s Foundation’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Montreal Canadiens Children’s Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Montreal Canadiens Children’s Foundation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Montreal Canadiens Children’s Foundation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The Montreal Canadiens Children’s Foundation adheres to very strict principles regarding privacy protection.
Here is an outline or our policy.
Information that we collect
The Montreal Canadiens Children’s Foundation collects two types of information relating to Site visitors. The first type is personal data, such as your name, addresses, phone number, email address, etc., which is communicated voluntarily. Most of this information is collected when you purchase a product or service from The Montreal Canadiens Children’s Foundation or when you contact us by email or by submitting a form on our Site. We may keep your name, email and/or any other personal information that you voluntarily submit to The Montreal Canadiens Children’s Foundation in order to identify you for future communications and to personalize the service we provide.
The second type of information we collect is general information, such as the number of visitors on our sites, the visited pages, etc.
In general, we do not require your personal information prior to your visit on our Site. However, you may not have access to view certain site pages without disclosing your identity.
Why do we collect this information?
The Montreal Canadiens Children’s Foundation collects personal information in order to identify visitors interested in buying its products and services. The information is also collected to enable us to personalize your access to our Site. With it, we are able to customize the content of our Site to improve your experience and ensure your satisfaction.
The Montreal Canadiens Children’s Foundation has no intention of using the information you submitted to contact you without prior authorization. You can modify your preferences at any time by contacting us using the contact form available on this Site.
The Montreal Canadiens Children’s Foundation may place cookies on your hard disk in order to obtain non-personal data. Cookies are files that your browser places on your hard disk when you visit a Site. Browsers may be configured to accept cookies automatically but you may also configure them to request your approval before placing a cookie.
These cookies allow us to personalize your visits and recognize you every time you return to our Site.
Data transmission to third parties
The Montreal Canadiens Children’s Foundation will not reveal or sell the data it has collected to third parties without your prior authorization, except where required by the law.
The Montreal Canadiens Children’s Foundation will store all data it collects in a safe and secure location. In addition, we will take all precautions necessary to protect your data against loss, fraud or unwanted use.
SMS and MMS
You may opt out of receiving promotional SMS and MMS messages (i.e. text messages) from us by replying “STOP” to any message, which is free of charge. Please note that we may respond to your opt-out request with a message confirming that you have successfully opted out.
Links to other websites
The Montreal Canadiens Children’s Foundation Site contains links to other websites. The Montreal Canadiens Children’s Foundation is not responsible for the practices of said websites with regards to privacy protection.
COPYRIGHT AND TRADEMARK NOTICES
The Montreal Canadiens Children’s Foundation All rights reserved.
The names and logos of actual companies and products mentioned herein may be the trademarks of their respective owners.
No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Your online transactions on the Montreal Canadiens Chiildren’s Foundation are secure. Personal information as well as credit card information is processed as an encrypted electronic message that guarantees the confidentiality of the data. Consequently, that message cannot be intercepted, altered or decoded by a third party.
The Montreal Canadiens Children’s Foundation meets the SSL secure transaction standards ensuring that your transaction will always be processed securely. The Montreal Canadiens Children’s Foundation does not withhold any data from any credit information. This is why you must re-enter your credit information every time you make a new transaction.
Event / Fundraising
A purchase or registration at a Montreal Canadiens Children’s Foundation event is not refundable, except if the event is cancelled by the Montreal Canadiens Children’s Foundation. In such occurrence, the Montreal Canadiens Children’s Foundation will send you an official donation tax receipt for the amount equivalent to the donation. In all instances the receipt issued by the Montreal Canadiens Children’s Foundation will be made payable to the name of the person who made the payment online.
Donations made online are not refundable. The Montreal Canadiens Children’s Foundation will issue a tax receipt for all donations over $20. In all instances, the receipt issued by the Montreal Canadiens Children’s Foundation will be made payable to the name of the person who made the payment online.
The Montreal Canadiens Children’s Foundation will issue a tax receipt for all online donations over $20. In all instances, the receipt issued by the Montreal Canadiens Children’s Foundation will be made payable to the name of the person who made the payment online.
Special conditions applicable to specific headings of the site
Some forums on the site provide you with an opportunity to give your opinion and communicate information. The information and opinions posted on the various forums of the web site of the Montreal Canadiens Children’s Foundation are those of the authors and does not represent an official notification or advice from fondation.canadiens.com.
By uploading your opinion to any Forum on fondation.canadiens.com you automatically grant fondation.canadiens.com all intellectual property rights including the right to reproduce represent and adapt the material to any medium and in any format or technology now known or later developed throughout the universe for the duration of the intellectual property.
Within this context, you are committing yourself to use any forum for the sole purpose of sending messages and information pertaining to each forum. As such, when you will share your opinion on a particular forum, you are agree, including but not limited to, not to defame, abuse, harass anyone, nor violate the rights such as moral and human rights, privacy rights and human dignity rights.
You are the only person responsible for the content of your opinion and as such you are guarantee fondation.canadiens.com against any liability or action taken by any third party pertaining to the said content of the information you posted. You will assume any charge, fee or payment to the said persons whatever the cause or the reason for their claim.fondation.canadiens.com reserves the discretionary right to publish or not your statement on its web site, or to modify it, adapt it or translate it in any language, keep it online or delete it at any time without any prior notice.